Originally from Navigating Maritime Arbitration: The Experts Speak - Second Edition

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I. INTRODUCTION

If you’ve got the good fortune of representing a salvor, my congratulations. Rare in the legal world is there a more exciting file. The prosecution of the maritime salvage claim is a joyous undertaking embracing salty tales, vintage and virgin case law and a sense of righteousness that’s hard to find elsewhere.  

Welcome. What follows are my thoughts on an approach to planning, provisioning, plotting and getting your maritime salvage claim underway and successfully to port in arbitration waters. My approach is mine and you may disagree or, with age and experience, you may find a better set of sail or better breezes. Until then, well, I’ve had success with my approach and I’m confident it’ll give you the traction to robustly prosecute a salvage claim.

II. HOW DID WE GET HERE? WHAT IT TAKES TO GET A SALVAGE CLAIM INTO ARBITRATION

No matter the boardroom or wheelhouse client, I’m always explaining how you can’t force someone into arbitration if there’s no agreement to arbitrate. It’s not an option to a lawsuit; arbitration is a nightclub where if you’re not on the list, you’re standing outside. Arbitration is a creature of contract. If you don’t have a contractual agreement, then the arbitration voyage is over before it began. The salvage claim isn’t stuck in port; it’s just that your voyage to a salvage award will be on the high seas of a litigation as opposed to the coastal waters of an arbitration.